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Migration (Specification of ETA-eligible Passports) Amendment Instrument (LIN 22/040) 2022

Purpose

A visa applicant may make a valid application for an Electronic Travel Authority (Class UD) visa whilst in immigration clearance if, relevantly, the person has an ETA-eligible passport (see subregulation 2.07AB(2) of the Regulations).

Subregulation 1.11B(1) provides that a passport is an ETA-eligible passport in relation to an application for a visa if it:

 is a valid passport of a kind specified in a legislative instrument by the Minister as an ETAeligible passport (paragraph 1.11B(1)(a)); and

 the passport satisfies any conditions specified for it in the legislative instrument (paragraph 1.11B(1)(b)). 

Relevantly, passports issued by the authorities of Taiwan are ETA-eligible passports unless they are passports purporting to be official passports or diplomatic passports.

The purpose of the instrument is to include an additional condition for passports issued by the authorities of Taiwan. The instrument additionally specifies a condition that a passport issued by the authorities of Taiwan must not be a ‘Taiwanese compatriot document’. A Taiwanese compatriot document may be issued to individuals that do not have a right of residency in Taiwan. A Taiwanese compatriot document is not recognised by Australia as a valid travel document.

Source: LIN22040.pdf and LIN22040-explanatory-statement.pdf

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